Western Australian Current Acts

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IRON ORE PROCESSING (MINERALOGY PTY. LTD.) AGREEMENT ACT 2002 - SECT 17

17 .         Further provisions about liability of State

        (1)         This section applies to a liability of the State (whether arising before, on or after commencement) connected with a disputed matter.

        (2)         No amount can be charged to, or paid out of, the Consolidated Account to meet the liability.

        (3)         No amount can be borrowed by or on behalf of the Crown in right of the State to meet the liability.

        (4)         No asset, right or entitlement of the State can be taken or used by any person to enforce the liability.

        (5)         No execution or other process in the nature of execution can be issued out of any court against the State in relation to the liability.

        (6)         In subsections (1), (4) and (5), references to the State include the following —

            (a)         a person who is a former State authority, if the liability is connected with —

                  (i)         the person’s conduct while and as a State authority; or

                  (ii)         otherwise the person’s role as a State authority;

            (b)         a State agent;

            (c)         a person who is a former State agent, if the liability is connected with —

                  (i)         the person’s conduct while and as a State agent; or

                  (ii)         otherwise the person’s role as a State agent.

        [Section 17 inserted: No. 32 of 2020 s. 7.]

        [Heading inserted: No. 32 of 2020 s. 7.]



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